The average response time ranges were 10-20 working days. The
median number of calendar days for processing a FOIA request was
15.5 days.

C. Brief description of why some requests are not
granted

Many FY 1998 Freedom of Information Act (FOIA) requests received
by the Commission were for materials contained in the Commission's
investigative case files that involved charges of discrimination
filed pursuant to Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S. C. 2000e et seq.;
the Age Discrimination in Employment Act, as amended, 29 U.S.C.
621-633; the Equal Pay Act, 29 U.S.C. 206(d); and Title I of the
Americans with Disabilities Act, 42 U.S.C. 12101-217. Sections 706
(b) and 709 (e) of Title VII, 42 U.S.C. 2000e-5(b) and 8 (e), and
section 107 of the ADA, 42 U.S.C. 12117, prohibit Commission
employees from making Title VII or ADA charges, conciliation
materials, required reports and case file information public. In
certain instances, parties to the charge are entitled to access to
the disclosable portions of the charge file but not to the
non-disclosable portions. (2)

III. Definitions Used In The Report

The definitions set forth in the Department of Justice guidance
were followed.

IV. Exemption 3 Statutes

The exemption 3 statutes relied on were sections 706 (b) and 709
(e) of Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. 2000e-5 (b) and 8 (e) and section 107 of the ADA, 42 U.S.C.
12117. These sections prohibit Commission employees from making
Title VII or ADA charges, conciliation materials, required reports
and case file information public.

The Commission's use of the third exemption has been upheld by
the courts. The landmark case supporting the Commission's position
is EEOC v. Associated Dry Goods Corp., 449 U.S. 590
(1981). In FY 1998, there were no court decisions involving EEOC
regarding its use of this exemption.

Several requests for bids submitted by unsuccessful bidders were
denied under 41 U.S.C. 253 b(m). In FY 1998, there were no court
decisions involving EEOC regarding its use of this exemption.

V. Initial FOIA Access Requests

Number of initial requests (total of the numbers in lines one
and two, minus the number in line three, should equal the number in
four)

Number of requests pending as of end of preceding fiscal year
1,261

Number of requests received during current fiscal year
17,633

Number of requests processed during current fiscal year
17,551

Number of requests pending as of end of current fiscal year
1,343(This line has also been
entered on line VII.B.1.)

X. Fees

Total amount of fees collected by agency for processing
requests $49,801.03

Percentage of total costs
N/A

XI. FOIA Regulations

EEOC's FOIA regulations are located at 29 C.F.R. Part 1610.

Footnotes:

1. This report is submitted to the Attorney
General of the United States pursuant to 5 U.S.C. Section 552
(e)(1). The format utilized in this report adheres to the format
recommended by the Department of Justice.

2. An example of non-disclosable material in
a charge file would be the internal intra-agency deliberative
documents. These documents are generally withheld under the fifth
exemption to the FOIA, 5 U.S.C. section 552 (b)(5).

3. This category only includes those
situations where some records have been released and an exemption
has been asserted to others; it does not include situations where
some documents were released but others could not be found - that
would be a total grant.

4. This category only includes those
situations where some records have been released and an exemption
asserted as to others; it does not include situations where some
documents were released but others could not be found - that would
be a total grant.

5. The median number is the middle, not the
average, number. For example, the median number of 3, 7, 20, 21 and
24 is 20, while the average is 15. Reference to the median number
in this Report pertains to calendar days.

7. Number of requests received from January
1, 1997 through September 30, 1997.

8. Number of requests processed from January
1, 1997 through September 30, 1997.

9. For example, if each of 4 employees
devotes 50% of his or her time to FOIA, 4 people and 2 total work
years would be reported.

10. Personnel costs were estimated by
multiplying the percentage used for computing IX.A.3. by the
average annual salary rates for those persons. This line item
excludes indirect costs, such as equipment, rental payments, etc.
We estimate these indirect costs to be $320,451.